the Treasury and of other offices and officers of the Department of the Treasury to the Secretary of Transportation. See section 1655 (b) (1) of Title 49, Transportation. Section 1655 (b)(2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section. CROSS REFERENCES

Appointment as officer of armed force instead of transfer to reserve component, see section 595 of Title 10, Armed Forces.

Enlistment in armed force instead of transfer to reserve component, see section 512 of Title 10.

Individual ineligible to citizenship, see section 1101 (a) (19) of Title 8, Aliens and Nationality.

Military Justice Code, inductees as subject to, see section 802 of Title 10, Armed Forces.

Residents who have not declared their intention to become citizens, liability for training and service, see section 456 of this Appendix.

Reserve officers on active duty with or without consent, see sections 302 and 303 of Title 37, Pay and Allowances of the Uniformed Services.

Ex. ORD. No. 10164. EXTENSION OF COAST GUARD

ENLISTMENTS

Ex. Ord. No. 10164, Sept. 27, 1950, 15 F. R. 6570, provided for extension for a period of twelve months of all enlistments in the United States Coast Guard, including the Coast Guard Reserve, which would have expired at any time after Sept. 27, 1950, and prior to July 9, 1951.

EXECUTIVE ORDER No. 10166

Ex. Ord. No. 10166, Oct. 4, 1950, 15 F.R. 6777, as amended by Ex. Ord. No. 10185, Dec. 1, 1950, 15 F.R. 8557, which established the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists, was revoked by Ex. Ord. No. 11415, June 24, 1968, 33 F.R. 9329, set out as a note under this section.

Ex. ORD. NO. 10776. DELEGATION OF PRESIDENT'S AUTHORITY Ex. Ord. No. 10776, July 28, 1958, 23 F.R. 5683, provided: By virtue of the authority vested in me by title 3 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces, there is hereby delegated to the Secretary of Defense the authority (relating to the prescribing of rules and regulations modifying the standards and requirements with respect to induction of persons into the armed forces) vested in the President by the last proviso of section 4 (a) of the Universal Military Training and Service Act [subsection (a) of this section], added by the act of July 28, 1958 (Pub. L. 85-564]. The Secretary of Defense is hereby authorized to re-delegate that authority to any official of the Department of Defense who is required to be appointed by and with the advice and consent of the Senate. No person shall be inducted into the armed forces for training and service who does not meet the standards and requirements specified in the rules and regulations prescribed by the Secretary or his designee pursuant to this order.

DWIGHT D. EISENHOWER

Ex. ORD. NO. 11415. RECONSTITUTING THE NATIONAL ADVISORY COMMITTEE ON THE SELECTION OF PHYSICIANS, DENTISTS, AND ALLIED SPECIALISTS AND THE NATIONAL HEALTH RESOURCES ADVISORY COMMITTEE

Ex. Ord. No. 11415, June 24, 1968, 33 F.R. 9329, provided: WHEREAS the Health Resources Advisory Committee was established on August 5, 1950, at the direction of the President, and has been in operation continuously since that date; and

WHEREAS, in conformity with section 4(j) of the Selective Service Act of 1948, as amended (now the Military Selective Service Act of 1967) [subsec. (j) of this section], the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists was established by Executive Order No. 10166 of October 4, 1950, as amended; and

WHEREAS, in view of the similarity of the health manpower advisory functions of the two committees, the members of the Health Resources Advisory Committee were also designated as members of the National Advisory

Committee on the Selection of Physicians, Dentists, and Allied Specialists; and

WHEREAS that common membership was designed to avoid any duplication of functions and to minimize the opportunity for conflicting Federal policies or competing requirements with respect to the use of health manpower;

and

WHEREAS that common membership arrangement was discontinued in 1961 and the two committees have had separate memberships since that time: and

WHEREAS, on the basis of experience under both arrangements, it has been determined that the purposes of the two committees can be better accomplished and the public interest would be better served if they share a common membership:

NOW, THEREFORE, by virtue of the authority vested in me by section 303 of the National Security Act of 1947, as amended [section 405 of Title 50, War and National Defense], and section 4(j) of the Military Selective Service Act of 1967 [subsec. (1) of this section], it is ordered as follows:

SECTION 1. (a) There is hereby established the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists, which shall be composed of such members as may be appointed by the President pursuant to section 3 of this order.

(b) The Committee shall perform the functions prescribed by section 4(j) of the Military Selective Service Act of 1967 [subsec. (1) of this section], as amended,

SEC. 2. (a) There is hereby established the National Health Resources Advisory Committee, which shall be composed of such members as may be appointed by the President pursuant to section 3 of this order.

(b) The Committee shall advise the Director of the Office of Emergency Planning concerning the allocation. utilization, and administration of health resources, including manpower, material, and facilities under various mobilization situations and on problems of the nongovernmental health community relating to emergency preparedness. In carrying out these advisory functions, the Committee shall provide advice to the Director concerning, among other things, improved utilization and conservation of health manpower, health manpower data collection and interchange systems, the impact of warlike emergencies on the health industry and health services, the national medical emergency stockpile programs, and the vulnerability of the health industry.

SEC. 3. The Committees established by this order shall have a common membership consisting of twelve members to be appointed by the President from private life. The President shall designate one of those members to serve as chairman of both Committees. Such members shall, in conformity with section 4(j) of the Military Selective Service Act of 1967, as amended [subsec. (1) of this section], be selected from among individuals who are outstanding in medicine, dentistry, and the sciences allied thereto.

SEC. 4. (a) In carrying out their functions, the Committees shall, as appropriate, consult with the Director of Selective Service and such other officials and agencies as may be appropriate, including the Secretary of Defense and officials of the Departments of the Army, Navy, and Air Force, the Department of Labor, the Department of Health, Education, and Welfare, and the Office of Emergency Planning. The Director of Selective Service and the Director of the Office of Emergency Planning shall designate representatives from the Selective Service System and the Office of Emergency Planning, respectively, who shall attend all meetings of these Committees.

(b) All executive departments and agencies shall cooperate with the Committees established by this order, and furnish them such available information as the Committees may need for the accomplishment of their functions.

SEC. 5. The Selective Service System and the Office of Emergency Planning shall, under such arrangements as may be mutually agreed upon, provide administrative and staff support and defray the necessary expenses of the Committees established by this order, including the compensation of members thereof within the limits of applicable law. The Selective Service System shall, within the limits of applicable law, defray the necessary expenses

of those State and local Committees which may, in conformity with section 4(1) of the Military Selective Service Act of 1967, as amended [subsec. (1) of this section], be designated by the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists.

SEC. 6. In order to permit the establishment of a single membership for the two Committees, the appointment of present members of the two Committees shall expire as of the date of this order. Executive Order No. 10166 and Executive Order No. 10185 are hereby revoked.

LYNDON B. JOHNSON

PROC. NO. 2906. REGISTRATION OF DOCTORS, DENTISTS AND ALLIED SPECIALISTS

Proc. No. 2906, Oct. 6, 1950, 15 F. R. 6845, 64 Stat. Pt. 2, p. A437, as amended Proc. No. 2915, Dec. 28, 1950, 15 F. R. 9419, 64 Stat. Pt. 2, p. A455, provided:

1. Every male person who participated as a student in the Army specialized training program or any similar program administered by the Navy, or was deferred from service during World War II for the purpose of pursuing a course of instruction leading to education in a medical, dental, or allied specialist category, and has had less than twenty-one months of active duty in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to the completion of, or release from, such program or course of instruction (exclusive of time spent in postgraduate training), and who, on the day or any of the days hereinafter fixed for his registration (a) shall have received from any school, college, university, or similar institution of learning, one or more of the degrees of bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.

2. The special registration of the male persons required to submit to registration by paragraph numbered 1 hereof shall take place in the several States of the United States, the District of Columbia, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands between the hours of 8:00 a. m. and 5:00 p. m. on the day or days hereinafter designated for their registration, as follows:

(a) Persons who shall have received any of the degrees above referred to on or before October 16, 1950, shall be registered on Monday, the 16th day of October, 1950.

(b) Persons who receive any of the degrees above referred to after October 16, 1950, shall be registered on the day they receive any such degree, or within five days thereafter.

(c) Persons who shall have received any of the degrees above referred to and who enter any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands after October 16, 1950, shall be registered on the day of such entrance, or within five days thereafter.

3. Every male person who has not had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, and every male person not included in the first or the second of the priorities defined in section 4 (1) (2) of the Selective Service Act of 1948. as amended [subsection (1) (2) of this section], who has had active service in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service subsequent to September 16, 1940, who on the day or any of the days hereafter fixed by the Director of Selective Service for his registration (a) shall have received from a school, college, university, or similar institution of learning one or more of the degrees of

bachelor of medicine, doctor of medicine, doctor of dental surgery, doctor of dental medicine, doctor of veterinary surgery, and doctor of veterinary medicine, (b) is within any of the several States of the United States, the District of Columbia, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands, (c) is not a member of any reserve component of the armed forces of the United States, and (d) shall not have attained the fiftieth anniversary of the day of his birth is required to and shall on that day or any of those days present himself for and submit to registration before a duly designated registration official or selective service local board having jurisdiction in the area in which he has his permanent home or in which he may happen to be on that day or any of those days.

4. The Director of Selective Service is hereby authorized and directed to fix the date or dates for the special registration required under paragraph numbered 3 hereof: Provided, that the date or dates so fixed shall be not later than January 16, 1951.

5. The Director of Selective Service is hereby authorized to require special registration of, and fix the date or dates of registration for, all other persons who are subject to registration under section 4 (1) of the Selective Service Act of 1948, as amended [subsection (i) of this section], and who are not required to register under or pursuant to this proclamation.

6. All orders and directives of the Director of Selective Service issued pursuant to paragraph numbered 4 or paragraph numbered 5 hereof shall be published in the Federal Register.

7. (a) A person subject to registration under or pursuant to this proclamation who, because of circumstances beyond his control, is unable to present himself for and submit to registration during the hours of the day or any of the days fixed for registration shall do so as soon as possible after the cause for such inability ceases to exist.

(b) Every person subject to registration under or pursuant to this proclamation who has registered in accordance with Proclamation No. 2799 of July 20, 1948 [set out as a note under section 453 of this Appendix], issued under the Selective Service Act of 1948, as amended, [sections 451, 453, 454, 455, 456 and 458-471 of this Appendix], and the regulations prescribed thereunder, shall, notwithstanding such registration, present himself for and submit to registration as required by or pursuant to this proclamation.

(c) The duty of any person to present himself for and submit to registration in accordance with Proclamation No. 2799 of July 20, 1948, issued under the Selective Service Act of 1948, as amended [sections 451, 453, 454. 455, 456 and 458-471 of this Appendix], and the regulations prescribed thereunder, shall not be affected by this proclamation.

8. Every person subject to registration under or pursuant to this proclamation is required to familiarize himself with the rules and regulations governing such registration and to comply therewith.

9. I call upon the Governors of each of the several States, the Territories of Alaska and Hawaii, Puerto Rico, and the Virgin Islands and the Board of Commissioners of the District of Columbia, and all officers and agents of the United States and all officers and agents of the several States, the Territories of Alaska and Hawaii, Puerto Rico, the Virgin Islands, and the District of Columbia, and political subdivisions thereof, and all local boards and agents thereof appointed under the provisions of title I of the Selective Service Act of 1948, as amended, [sections 451, 453, 454, 455, 456 and 458-471 of this Appendix], or the regulations prescribed thereunder, to do and perform all acts and services necessary to accomplish effective and complete registration.

10. In order that there may be full cooperation in carrying into effect the purposes of section 4 (i) of title I of the Selective Service Act of 1948, as amended [subsection (i) of this section], I urge all employers and Government agencies of all kinds-Federal, State, territorial, and local-to give those under their charge sufficient time in which to fulfill the obligations of registration incumbent upon them under the said Act [sections 451, 453, 454, 455, 456 and 458-471 of this Appendix] and under or pursuant to this proclamation.

PROC. NO. 2915. EXEMPTIONS FROM REGISTRATION Proc. No. 2915, Dec. 28, 1950, 15 F. R. 9419, 64 Stat. 494, provided:

Proclamation No. 2906 of October 6, 1950 [set out as a note under this section], be, and it is hereby, amended, effective as of October 6, 1950, so as to exempt from the force and effect thereof, until otherwise directed by the President by proclamation, (1) commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service, and (2) aliens who are residing in the United States and have not declared their intention of becoming citizens of the United States and who are also in one of the following categories: (a) alien students admitted under subdivision (e) of section 4 of the Immigration Act approved May 26, 1924, as amended [former section 204 of Title 8], (b) aliens recognized as diplomatic, consular, military or civilian officials or employees of a foreign government and members of their families, (c) aliens who are officials or employees of a public international organization recognized under the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669) [sections 288-288f of Title 22], and members of their families, (d) aliens who have entered the United States and remain therein pursuant to the provisions of section 11 of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, as approved in Public Law 357, 80th Congress (61 Stat. 756) [set out as a note under section 287 of Title 22], (e) aliens who are nationals of a country with which there is in effect a treaty or international agreement exempting its nationals from military service while they are within the United States, or (f) other aliens whose admission to the United States is for a temporary stay only: Provided, that such exemption shall not continue after the cause thereof shall cease to exist.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 451, 453, 455, 456, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix.

§§ 454a to 454c. Omitted

CODIFICATION

Section 451a. Acts Sept. 9, 1950, ch. 939, § 4, 64 Stat. 828; June 29, 1953, ch. 158, § 3, 67 Stat. 88; June 18, 1954, ch. 307, 68 Stat. 254; June 30, 1955, ch. 250 title II, § 201, 69 Stat. 224, provided for the promotion of physicians, dentists, and allied specialist categories, the period of service, and the discharge and resignation of such personnel, and is now covered by sections 451 (1) (3) and 455 (c) of this Appendix.

Section 454b, act Sept. 9, 1950, ch. 939, § 6, 64 Stat. 828, defined the term "allied specialist categories" as used in sections 454 (1) and 454a of this Appendix which expired on June 30, 1957.

Section 454c, act June 29, 1953, ch. 158, § 4, 67 Stat. 88, which provided for the release, discharge, or resignation of special registrants who made application therefor on or before the 90th day after June 29, 1953, is eliminated as executed.

TERMINATION DATE

Section 7 of Act Sept. 9, 1950, as amended by acts June 19, 1951, ch. 144, title I, § 2(b), 65 Stat. 88; June 29, 1953, §9; and June 30, 1955, § 201 and by Pub. L. 85-62, § 8, June 27, 1957, 71 Stat. 208, provided that sections 454 (1), 454a, and 454b of this Appendix shall terminate as of June 30, 1957.

§454d. Extension of reserve commissions of doctors, dentists, and other special registrants. Persons in medical, dental, and allied specialist categories ordered to active duty under the provisions of the Universal Military Training and Service Act, as amended [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix], or under this amendatory Act, who hold a commission in a reserve component of the Armed Forces, or in the Army of the

United States without component or Air Force of the United States without component which by operation of law would expire before the end of the period of active duty which they may be required to serve under the provisions of the Act of September 9, 1950, as amended [sections 454 (i), (j), 454a and 454b of this Appendix], may be retained on active duty until they have completed such period of duty and such commissions shall be deemed to be continued in effect until the date of their release from active duty. (June 29, 1953, ch. 158, § 5, 67 Stat. 89.)

REFERENCES IN TEXT

Words "this amendatory Act", contained in the text, refer to act June 29, 1953, which, in addition to enacting this section and sections 454c and 454e of this title, amended sections 454 (i), (j) and 454a of this title and section 234 of former Title 37, Pay and Allowances (now sections 302 and 303 of Title 37, Pay and Allowances of the Uniformed Services), and amended section 7 of act Sept. 9, 1950, ch. 939, 64 Stat. 828, set out as a note under sections 454 and 454a of this title.

CODIFICATION

Section was not enacted as a part of the Universal Military Training and Service Act, which comprises sections 451, 453, 454, 455, 456 and 458-471 of this Appendix.

§ 454e. Volunteer service of physicians and dentists; minimum period.

Any physician or dentist who meets the qualifications for a reserve commission in the respective military departments shall, so long as there is a need for the services of such a physician or dentist, be afforded an opportunity to volunteer for a period of active duty of not less than twenty-four months. Any physician or dentist who so volunteers his service, and meets the qualifications for a reserve commission shall be ordered to active duty for not less than twenty-four months, notwithstanding the grade or rank to which such physician or dentist is entitled under the provisions of the Act of September 9, 1950, as amended [sections 454 (i), (j), 454a and 454b of this Appendix]. (June 29, 1953, ch. 158, § 7, 67 Stat. 89.)

CODIFICATION

Section was not enacted as a part of the Universal Military Training and Service Act, which comprises sections 451, 453, 454, 455, 456 and 458-471 of this Appendix.

§ 455. Manner of selection of men for training and service; quotas; appointment, reappointment, or promotion of persons in medical categories.

(a) (1) The selection of persons for training and service under section 4 [section 454 of this Appendix] shall be made in an impartial manner, under such rules and regulations as the President may prescribe, from the persons who are liable for such training and service and who at the time of selection are registered and classified, but not deferred or exempted: Provided, That in the selection of persons for training and service under this title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix], and in the interpretation and execution of the provisions of this title [said sections], there shall be no discrimination against any person on account of race or color: Provided further, That in the classification of registrants within the jurisdiction of any local board, the registrants of any particular

registration may be classified, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after the registrants of any prior registration or registrations; and in the selection for induction of persons within the jurisdiction of any local board and within any particular classification, persons who were registered at any particular registration may be selected, in the manner prescribed by and in accordance with rules and regulations prescribed by the President, before, together with, or after persons who were registered at any prior registration or registrations: Provided further, That nothing herein shall be construed to prohibit the President, under such rules and regulations as he may prescribe, from providing for the selection or induction of persons by age group or groups or from providing for the selection or induction of persons qualified in needed medical, dental, or allied specialist categories pursuant to requisitions submitted by the Secretary of Defense: And provided further, That, notwithstanding any other provision of law, except section 314 of the Immigration and Nationality Act (8 U.S.C. 1425), no person who is qualified in a needed medical, dental, or allied specialist category, and who is liable for induction under section 4 of this title [section 454 of this Appendix], shall be held to be ineligible for appointment as a commissioned officer of an Armed Force of the United States on the sole ground that he is not a citizen of the United States or has not made a declaration of intent to become a citizen thereof, and any such person who is not a citizen of the United States and who is appointed as a commissioned officer may, in lieu of the oath prescribed by section 1757 of the Revised Statutes, as amended (5 U.S.C. 16), take such oath of service and obedience as the Secretary of Defense may prescribe: And provided further, That—

(1) no local board shall order for induction for training and service in the Armed Forces of the United States any person who has not attained the age of nineteen unless there is not within the jurisdiction of such local board a sufficient number of persons who are deemed by such local board to be available for induction and who have attained the age of nineteen to enable such local board to meet a call for men which it has been ordered to furnish for induction; and

(2) no local board shall order for induction for training and service in the Armed Forces of the United States any person who has not attained the age of nineteen, if there is any person within the jurisdiction of such local board who (i) is as much as ninety days older, (ii) has not attained the age of nineteen, and (iii) is deemed by the local board to be available for induction.

(2) Repealed. Pub. L. 91-124, § 2, Nov. 26, 1969, 83 Stat. 220.

(b) Quotas of men to be inducted for training and service under this title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix] shall be determined for each State, Territory, possession, and the District of Columbia, and for subdivisions thereof, on the basis of the actual number of men in the several States, Territories, possessions, and the District of Columbia, and the subdivisions thereof,

who are liable for such training and service but who are not deferred after classification, except that credits shall be given in fixing such quotas for residents of such subdivisions who are in the armed forces of the United States on the date fixed for determining such quotas. After such quotas are fixed, credits shall be given in filling such quotas for residents of such subdivisions who subsequently become members of such forces. Until the actual numbers necessary for determining the quotas are known, the quotas may be based on estimates, and subsequent adjustments therein shall be made when such actual numbers are known. All computations under this subsection shall be made in accordance with such rules and regulations as the President may prescribe.

(c) Notwithstanding any other provision of law, any qualified person who

(1) is liable for induction; or

(2) as a member of a Reserve component is ordered to active duty,

as a physician, or dentist, or in an allied specialist category in the Armed Forces of the United States, shall, under regulations prescribed by the President, be appointed, reappointed, or promoted to such grade or rank as may be commensurate with his professional education, experience, or ability: Provided, That any person in a needed medical, dental, or allied specialist category who fails to qualify for, or who does not accept, a commission, or whose commission has been terminated, may be used in his professional capacity in an enlisted grade. (June 24, 1948, ch. 625, title I, § 5, 52 Stat. 608; June 19, 1951, ch. 144, title I, § 1 (k), 65 Stat. 83; June 27, 1957, Pub. L. 85-62, §§ 4, 5, 71 Stat. 207; June 30, 1967, Pub. L. 90-40, § 1(3), 81 Stat. 100; Nov. 26, 1969, Pub. L. 91-124, § 2, 83 Stat. 220.)

AMENDMENTS

1969 Subsec. (a). Pub. L. 91-124 repealed cl. (2). which prohibited the President from effecting any change in the method of determining the relative order of induction.

1967-Subsec. (a). Pub. L. 90-40 designated existing provisions as par. (1) and added par. (2).

1957-Subsec. (a). Pub. L. 62, § 4, substituted third and fourth provisos for former third proviso "that nothing herein shall be construed to prohibit the selection or induction of persons by age group or groups under rules and regulations prescribed by the president:".

Subsec. (c). Pub. L. 85-62, § 5, added subsec. (c). 1951-Subsec. (a). Act June 19, 1951, added last

proviso.

EFFECTIVE AND TERMINATION DATE OF 1957 AMENDMENTS Pub. L. 85-62 effective July 1, 1957, and to terminate July 1, 1967, see note set out under section 454 of this Appendix.

SHORT TITLE OF 1969 AMENDMENT

Section 1 of Pub. L. 91-124 provided: "That this Act [which amended this section] may be cited as the 'Selective Service Amendment Act of 1969'."

PROC. NO. 3945. RANDOM SELECTION FOR MILITARY SERVICE Proc. No. 3945, Nov. 28, 1969, 34 FR 19017, provided: WHEREAS Section 5(a) (1) of the Military Selective Service Act of 1967, as amended (50 U.S.C. App. 455 (a) (1)), provides that selection of persons for training and service under that Act shall be made in an impartial manner without discrimination on account of race or color, under such rules and regulations as the President may prescribe; and

WHEREAS Section 5 (a) (2) of that Act (50 U.S.C. App. 455 (a) (2)) limited the President's authority to prescribe

rules and regulations by requiring, in effect, the selection of registrants through a method known as "oldest first"; and

WHEREAS Such section 5(a)(2) has been repealed by Public Law 91-124 of November 26, 1969:

Now, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me by section 5 (a) of the Military Selective Service Act of 1967, as amended, and having determined that a method of random selection will provide the most equitable basis for selection of registrants for milltary training and service, do hereby proclaim the following:

That a random selection sequence will be established by a drawing to be conducted in Washington, D.C., on December 1, 1969, and will be applied nationwide. The random selection method will use 366 days to represent the birthdays (month and day only) of all registrants who, prior to January 1, 1970, shall have attained their nineteenth year of age but not their twenty-sixth. The drawing, commencing with the first day selected and continuing until all 366 days are drawn, shall be accomplished impartially.

On the day designated above, a supplemental drawing or drawings will be conducted to determine alphabetically the random selection sequence by name among registrants who have the same birthday.

The random selection sequence obtained as described above shall determine the order of selection of registrants who prior to January 1, 1970, shall have attained their nineteenth year of age but not their twenty-sixth and who are not volunteers and not delinquents. New random selection sequences shall be established, in a similar manner, for registrants who attain their nineteenth year of age on or after January 1, 1970.

The random sequence number determind for any registrant shall apply to him so long as he remains subject to induction for military training and service by random selection.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of November, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-fourth.

RICHARD NIXON.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 451, 453, 454, 456, 459, 460, 461, 462, 463, 464, 465, 466, 467, 469, 470 of this Appendix.

§ 456. Deferments and exemptions from training and service.

(a) (1) Commissioned officers, warrant officers, pay clerks, enlisted men, and aviation cadets of the Regular Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, and the Environmental Science Services Administration; cadets, United States Military Academy; midshipmen, United States Naval Academy; cadets, United States Air Force Academy; cadets, United States Coast Guard Academy; midshipmen, Merchant Marine Reserve, United States Naval Reserves; students enrolled in an officer procurement program at military colleges the curriculum of which is approved by the Secretary of Defense; members of the reserve components of the Armed Forces and the Coast Guard, while on active duty; and foreign diplomatic representatives, technical attachés of foreign embassies and legations, consuls general, consuls, vice consuls and other consular agents of foreign countries who are not citizens of the United States, and members of their families, and persons in other categories to be specified by the President who are not citizens of the United States, shall not be required to be registered under section 3 [section 453 of this Appendix] and

shall be relieved from liability for training and service under section 4 [section 454 of this Appendix], except that aliens admitted for permanent residence in the United States shall not be so exempted. Any person who subsequent to June 24, 1948, serves on active duty for a period of not less than eighteen months in the armed forces of a nation with which the United States is associated in mutual defense activities as defined by the President, may be exempted from training and service, but not from registration, in accordance with regulations prescribed by the President, except that no such exemption shall be granted to any person who is a national of a country which does not grant reciprocal privileges to citizens of the United States: Provided, That any active duty performed prior to June 24, 1948, by a person in the armed forces of a country allied with the United States during World War II and with which the United States is associated in such mutual defense activities, shall be credited in the computation of such eighteen-month period: Provided further, That any person who is in a medical, dental, or allied specialist category not otherwise deferred or exempted under this subsection shall be liable for registration and training and service until the thirty-fifth anniversary of the date of his birth.

(2) Commissioned officers of the Public Health Service and members of the Reserve of the Public Health Service while on active duty and assigned to staff the various offices and bureaus of the Public Health Service, including the National Institutes of Health, or assigned to the Coast Guard, the Bureau of Prisons, Department of Justice, the Environmental Protection Agency, or the Environmental Science Services Administration, shall not be required to be registered under section 3 [section 453 of this Appendix] and shall be relieved from liability for training and service under section 4 [section 454 of this Appendix]. Notwithstanding the preceding sentence, commissioned officers of the Public Health Service and members of the Reserve of the Public Health Service who, prior to the enactment of this paragraph [June 30, 1967], had been detailed or assigned to duty other than that specified in the preceding sentence shall not be required to be registered under section 3 [section 453 of this Appendix] and shall be relieved from liability for training and service under section 4 [section 454 of this Appendix].

(b) (1) No person who served honorably on active duty between September 16, 1940, and the date of enactment of this title [June 24, 1948] for a period of twelve months or more, or between December 7, 1941, and September 2, 1945, for a period in excess of ninety days, in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945, shall be liable for induction for training and service under this title [sections 451, 453, 454, 455, 456 and 458 to 471 of this Appendix], except after a declaration of war or national emergency made by the Congress subsequent to the date of enactment of this title [June 24, 1948].